ESC-07-07-00006-E New York State Math and Science Teaching Incentive Program
2/14/07 N.Y. St. Reg. ESC-07-07-00006-E
NEW YORK STATE REGISTER
VOLUME XXIX, ISSUE 7
February 14, 2007
RULE MAKING ACTIVITIES
HIGHER EDUCATION SERVICES CORPORATION
EMERGENCY RULE MAKING
I.D No. ESC-07-07-00006-E
Filing No. 139
Filing Date. Jan. 30, 2007
Effective Date. Jan. 30, 2007
New York State Math and Science Teaching Incentive Program
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Addition of section 2201.10 to Title 8 NYCRR.
Statutory authority:
Education Law, sections 653, 655 and 669-d
Finding of necessity for emergency rule:
Preservation of general welfare.
Specific reasons underlying the finding of necessity:
Emergency adoption is necessary to avoid an adverse impact on the processing of awards to eligible applicants.
Subject:
New York State Math and Science Teaching Incentive Program.
Purpose:
To implement the program.
Text of emergency rule:
New section 2201.10 is added to Title 8 of the New York Code, Rules and Regulations to read as follows:
Section 2201.10 New York State Math and Science Teaching Incentive Program
(a) Definitions.
(1) “Academic Year” shall mean one calendar year beginning July 1st and ending on June 30th.
(2) “Corporation” shall mean the New York State Higher Education Services Corporation.
(3) “Program” shall mean the New York State Math and Science Teaching Incentive Program codified in section 669-d of the education law.
(4) “Rank” shall mean the sum of an applicant's cumulative undergraduate and graduate grade point average (“GPA”) plus total undergraduate and graduate credit hours successfully completed.
(5) “Secondary education” shall mean grades 7 through 12.
(6) “Successful completion of an academic year” shall mean that at the end of any academic year, the applicant: maintained full-time status; completed at least 27 credit hours or its equivalent in a course of study leading to a teaching degree in the fields of math or science; with a minimum GPA of 2.5; and possesses a cumulative GPA of 2.5 or higher for all academic years of undergraduate and graduate study. Applicants may complete less than 27 credit hours if they are in their last year and fewer than 27 credit hours are necessary to complete their course of study. In this case, the award amount shall be pro-rated by credit hour.
(7) “Teach in the classroom on a full-time basis” shall mean a New York State certified teacher, teaching a math or science curriculum in secondary education, providing classroom instruction for 10 continuous months, each school year, for a number of hours to be determined by either the school district, school board or school, the by-laws thereof, the labor contract between the teacher and employer, or if none of the above apply, the chief administrator of the school. Verification may be requested by the Corporation and may consist of a written, signed certification from the school board, superintendent or principal.
(b) Eligibility: In addition to the requirements of section 669-d of the education law, these additional requirements shall apply in the selection of the Program recipients:
(1) Applications for the Program shall be postmarked or electronically transmitted to the Corporation no later than February 1st of each year, provided that this deadline may be extended at the discretion of the Corporation.
(2) Applications shall be filed on forms prescribed by the Corporation.
(3) The pool of applicants shall be those who have successfully met the filing deadline.
(4) The applicant shall have a cumulative GPA of 2.5 or higher for all undergraduate and graduate study at the time of the application.
(5) Successful applicants shall execute a service contract prescribed by the Corporation.
(6) Successful applicants, who have executed a service contract, shall apply for payment each year on forms specified by the Corporation.
(c) Priorities: If there are more applicants than available funds, the following provisions shall apply:
(1) First priority shall be given to applicants who have received payment of an award pursuant to section 669-d of the education law for the academic year immediately preceding the academic year for which payment is sought and have successfully completed the academic year for which payment is sought.
(2) Second priority shall be given to applicants who have received payment of an award pursuant to section 669-d of the education law in any prior academic year and have successfully completed the academic year for which payment is sought.
(3) Third priority shall be given to applicants, including re-applicants, who have never received an award, and have successfully completed the academic year for which payment is sought, according to rank and who otherwise meet the minimum eligibility requirements.
(4) In the event of a tie within any given priority, recipients shall be chosen by random selection. Random selection shall be conducted by lottery.
(d) Disqualifications: In addition to the provisions of section 669-d, as well as the restrictions of section 661(6) of the education law, the applicant shall be disqualified from receiving an award for any of the following conditions:
(1) The applicant fails to meet any statutory or regulatory requirement necessary to obtain a teaching certificate in math or science, or necessary to become a math or science teacher in secondary education.
(2) The applicant breaches the terms of the written service contract with the Corporation and fails to remedy such breach in a timely manner consistent with the terms and conditions of such contract.
(3) The award is duplicative of another state and/or federal award that the applicant currently receives.
(4) The applicant has a service obligation owed to any other state and/or federal program.
The applicant is in default on a federally guaranteed student loan.
(e) Disbursements: Payment shall be made directly to the eligible institutions, on behalf of applicants, within a reasonable time upon the successful completion of the academic year subject to the verification and certification by the institution of the applicant's GPA and other eligibility requirements.
(f) Penalty: In addition to the requirements of section 669-d(5) of the education law, the following requirements shall apply in converting the award to a loan:
(1) All award monies received shall convert to a 10-year student loan plus interest for recipients who fail to meet the statutory, regulatory, contractual, administrative or other requirements of this Program.
(2) Interest for the life of the loan shall be fixed and equal to that published annually by the U.S. Department of Education for FFELP PLUS parent loans pursuant to the terms of the service contract.
(3) Interest accrues from the day each award payment is disbursed.
(4) Interest shall be capitalized on the day the award recipient violates the service contract or on the date the Corporation deems the recipient was no longer able or willing to perform the terms of the service contract.
This notice is intended
to serve only as a notice of emergency adoption. This agency intends to adopt this emergency rule as a permanent rule and will publish a notice of proposed rule making in the State Register at some future date. The emergency rule will expire April 29, 2007.
Text of emergency rule and any required statements and analyses may be obtained from:
Cheryl B. Fisher, Associate Attorney, Higher Education Services Corporation, 99 Washington Ave., Rm. 1350, Albany, NY 12255, (518) 473-1581, e-mail: cfisher@hesc.com
Regulatory Impact Statement
Statutory authority:
The New York State Higher Education Services Corporation's (“HESC”) statutory authority to promulgate regulations and administer the New York State Math and Science Teaching Incentive Program (“Program”) is codified within Article 14 of the Education Law. In particular, Chapter 58 of the Laws of 2006 created the Program by adding new subdivision 7-a to Education Law section 605, and new section 669-d to the Education Law. Subdivision 6 of section 669-d of the Education Law authorizes HESC to promulgate regulations for the purpose of administering this Program.
Pursuant to Education Law § 652(2), HESC was established for the purpose of improving the post-secondary educational opportunities of eligible students through the centralized administration of New York State financial aid programs and coordinating the State's administrative effort in student financial aid programs with those of other levels of government.
In addition, Education Law '653(9) empowers HESC's Board of Trustees to perform such other acts as may be necessary or appropriate to carry out the objects and purposes of the corporation including the promulgation of rules and regulations.
HESC's President is authorized, under Education Law § 655(4), to propose rules and regulations, subject to approval by the Board of Trustees, governing, among other things, the application for and the granting and administration of student aid and loan programs, the repayment of loans or the guarantee of loans made by HESC; and administrative functions in support of state student aid programs. Also, consistent with Education Law § 655(9), HESC's President is authorized to receive assistance from any Division, Department or Agency of the State in order to properly carry out his powers, duties and functions. Finally, Education Law § 655(12) provides HESC's President with the authority to perform such other acts as may be necessary or appropriate to carry out effectively the general objects and purposes of HESC.
Legislative objectives:
The Education Law was amended to add a new section 669-d to create the “New York State Math and Science Teaching Incentive Program” (Program). This is a competitive award Program aimed at increasing the number of secondary school math and science teachers in New York State.
The near term objective of the Program is to increase the number of math and science teachers working in secondary education in New York State. Such an increase should result in an overall increase and interest by students in secondary education in the fields of math and science. It is anticipated that such efforts will result in an increase in the number of mathematicians, engineers and scientists necessary to meet the increasing, critical need for those skills in New York State's economy. Ultimately, a pipeline will be created that will feed engineers, mathematicians and scientists into New York State's economy.
Needs and benefits:
According to recent trends, foreign countries are graduating far more engineers, mathematicians and scientists than the United States. New York State is falling even further behind by graduating fewer than 4,000 new engineers each year. In order for New York State to compete in the global, high-tech economy, more emphasis must be placed in promoting math and science. Studies have shown that student interest in math and science drops sharply during secondary education. To achieve an increase in the number of graduates with these critical skills, more math and science teachers will be required in order to meet the increasing needs of New York State. However, these efforts face stiff competition from the private sector for graduates with a degree in math and science.
The Program is aimed at increasing the number of secondary math and science teachers in New York State. Eligible recipients may receive annual awards for not more than four academic years of undergraduate and one academic year of graduate full-time study while matriculated in an approved program leading to permanent certification as a secondary education teacher in mathematics or science in New York State.
The maximum amount of the award is equal to the annual tuition charged to New York State resident students attending an undergraduate program at the State University of New York (SUNY) or actual tuition, whichever is less. However, the award may be used to pay for tuition, cost of attendance or both. The current maximum annual award for the 2006–07 academic year is $4,350. Payments will be made directly to schools on behalf of students upon certification of their successful completion of the academic year for which the student seeks payment.
Students receiving a New York State Math and Science Teaching Incentive award must sign a service agreement and agree to teach math or science for five years on a full-time basis at a secondary school located within New York State. Recipients who do not fulfill their service obligation will have the value of their awards converted to a student loan and be responsible for interest.
Costs:
a. It is anticipated that there will be no costs to the agency for the implementation of, or continuing compliance with this rule, except for programmatic administration costs.
b. The maximum cost of the program to the State is $2.175 million in the first year based upon an average 2006–07 SUNY tuition of $4,350.00 awarded to the statutory number of recipients which is five hundred (500). This maximum projection will be mitigated by the fact that the award is limited to the SUNY average or actual tuition, whichever is less. It is anticipated that there will be no costs to Local Governments for the implementation of, or continuing compliance with, this rule.
c. The source of the cost data in (b) above is derived from statutory language limiting the amount of the award to the cost of SUNY tuition and limiting the number of awards to no more than 500. As set forth in Education Law § 669-d(2), up to five hundred awards may be made to new recipients annually.
Local government mandates:
No program, service, duty or responsibility will be imposed by this rule upon any county, city, town, village, school district, fire district or other special district.
Paperwork:
This proposal will require applicants to file an application for each year they wish to receive an award up to and including five years of eligibility. However, electronic application processing may be available for the 2007-08 academic year, at which time paper applications may not be necessary. Recipients are required to sign a contract for services in exchange for an award. Recipients must submit annual status reports until a final disposition is reached in accordance with the written contract.
Duplication:
No relevant rules or other relevant requirements duplicating, overlapping, or conflicting with this rule were identified.
Alternatives:
The proposed regulation is the result of HESC's outreach efforts. Since the enactment of section 669-d of the Education Law, HESC has discussed the Program with the New York State Business Council who had advocated for the legislation that establishes the Program. In preparing this regulation, HESC discussed implementation issues with the Business Council and provided them with an opportunity to review and comment on the regulation.
In addition, HESC provided outreach to financial aid professionals with regard to this Program via workshops held across New York State. Workshops were held in Buffalo, Syracuse, Long Island, New York City and other locations throughout New York State. Fact sheets and Q&A's are available on HESC's website. Additionally, HESC's website encourages people to email any comments or questions.
Several alternatives were considered in the drafting of this regulation. For example, several alternatives were considered in defining terms/phrases used in the regulation such as, “teach in the classroom on a full-time basis.” This term is not standard for all teachers and, in most instances, the full-time status of a teacher is determined by a collective bargaining agreement and include normal summer breaks as well. The proposed definition attempts to balance the realities of the workplace with the desired result and intent of the legislation.
Given the statutory language as set forth in section 669-d of the Education Law, a “no action” alternative was not an option.
Federal standards:
This proposal does not exceed any minimum standards of the Federal Government, and efforts were made to align it with similar federal subject areas as evidenced by the adoption of the federal PLUS Parent loan rate in the event that the award reverts into a student loan.
Compliance schedule:
The agency will be able to comply with the regulation immediately upon its adoption.
Regulatory Flexibility Analysis
This statement is being submitted pursuant to subdivision (3) of section 202-b of the State Administrative Procedure Act and in support of New York State Higher Education Services Corporation's Emergency Rule Making, seeking to add new section 2201.10 to Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York.
It is apparent from the nature and purpose of this rule that it will not impose an adverse economic impact on small businesses or local governments. This agency finds that this rule will not impose any compliance requirements or adverse economic impact on small businesses or local governments. Rather, it may have a positive effect inasmuch as it implements a statutory student financial aid program that provides tuition benefits to college students who promise to teach math and science in secondary schools anywhere in New York state for at least five years.
Rural Area Flexibility Analysis
This statement is being submitted pursuant to subdivision (4) of section 202-bb of the State Administrative Procedure Act and in support of New York State Higher Education Services Corporation's Emergency Rule Making, seeking to add new section 2201.10 to Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York.
It is apparent from the nature and purpose of this rule that it will not impose an adverse impact on rural areas. Rather, it has potential positive impacts inasmuch as it implements a statutory student financial aid program that provides tuition benefits to college students who promise to teach math or science anywhere within New York state, including rural areas. Rural economies could realize short term benefits from the incentive program if teachers decide to work in those areas, and possible long term benefits when the rural schools start to graduate the math and science majors that are needed by the United States and New York State.
This agency finds that this rule will not impose any reporting, record keeping or other compliance requirements on public or private entities in rural areas.
Job Impact Statement
This statement is being submitted pursuant to subdivision (2) of section 201-a of the State Administrative Procedure Act and in support of New York State Higher Education Services Corporation's Emergency Rule Making seeking to add a new section 2201.10 to Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York.
It is apparent from the nature and purpose of this rule that it will not have any negative impact on jobs or employment opportunities. Rather, it has potential positive impacts inasmuch as it implements a statutory student financial aid program that provides tuition benefits to college students who promise to teach math or science in New York state. Teachers will be rewarded for remaining and working in New York, while the long term impact of their work could produce engineers and scientists to meet the needs of the United States and the State of New York for those skilled workers.
